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Posts Tagged ‘uri blau’

Turkey’s Erdogan, Paul Auster Debate Relative Press Freedom in Israel, Turkey

Friday, February 3rd, 2012

Over the past day or so, a fierce fight has erupted between Turkish prime minister Tayyip Erdogan and New York Jewish author, Paul Auster.  The controversy began when Auster, whose new book was recently published in Turkey, announced to an opposition newspaperthat he refused to visit that country to promote it.  In the process, he blasted Turkey’s Islamist government for jailing authors and journalists:

paul auster shimon peres

Paul Auster paying respects to Israeli president Shimon Peres

“I refuse to come to Turkey because of imprisoned journalists and writers. How many are jailed now? Over 100?” Auster said, adding that Turkey was the country he was most worried about.

“Us democrats got rid of the Bushes. We got rid of  Cheney who should have been put on trial for war crimes,” the author said. “What is going on in Turkey?”

Erdogan, who suffers neither fools nor political opponents gladly, lashed out at Auster during a party conference, telling the author that Turkey didn’t need him to lecture it on how to be a democracy:

“Author Paul Auster…said he will not come to Turkey as he finds it anti-democratic because of arrested journalists.  Oh!  We were much in need of you!  [So] What if you come or not?” Erdoğan said during a party meeting yesterday.

Criticizing Kemal Kılıçdaroğlu, leader of the main opposition Republican People’s Party (CHP), and the newspapers for giving credit to Auster’s statements, Erdoğan asked, “Will Turkey lose altitude if you don’t come?”

Recalling that Auster joined a book fair in 2010 in Israel where he described Israel as a “secular, democratic country,” Erdoğan slammed the American writer for being unaware of the fact Israel was a non-secular state and had killed thousands of innocent people in the Gaza Strip. “I am sure Kılıçdaroğlu and Auster will join together for this year’s book fair in Israel,” he added.

Auster replied to Erdogan’s attack with this statement:

Whatever the Prime Minister might think about the state of Israel, the fact is that free speech exists there and no writers or journalists are in jail…All countries are flawed and beset by myriad problems, Mr. Prime Minister, including my United States, including your Turkey, and it is my firm conviction that in order to improve conditions in our countries, in every country, the freedom to speak and publish without censorship or the threat of imprisonment is a sacred right for all men and women.

While I don’t know Auster’s views about Israel, I presume he’s the typical liberal Zionist.  The brief substantive exchange he included about it in his reply indicated a fairly standard lib Zionist approach to the issue of Israel’s so-called democratic values, including press freedom and free speech.  It’s a shame he didn’t do his homework, as if he had he could’ve both bolstered his criticism of Turkey and done justice to the issue of the grave threats facing Israeli democracy.

There is no question that while Turkey as a nation has made great economic and political strides under Erdogan’s Islamist party, that country remains deficient in many areas which are well-known to many.  Kurds are denied basic rights, acknowledgement of the Armenian genocide is a crime, and freedoms that many in the west take for granted are routinely threatened in Turkey.  All of this is undeniably true.  As a friend of mine married to a Turk and living there says: while there is more freedom of speech than there has been in many decades, it is still a crime to “insult Turkishness” or say something “un-Turkish.”  The media is largely bought and paid for by moguls with large business empires who are willing to use their platforms to advance their business interests.  They do this by ingratiating themselves with the powers that be.  In the few instances when a corporate titan has allowed his journalists too much free rein to attack the government, he has paid a very high price in the economic warfare officials wage against him.

On the positive side, the country has made enormous strides in reducing poverty and addressing economic disparities and building wealth.  It has also undertaken a foreign policy offensive which has made it a critical regional player attempting to bring stability to such conflicts as Syria-Israel and Iran.  It will undoubtedly play a key role in ensuring the future stability of Syria if/when the Assad government falls.

But to get into a competition between the so-called freedoms of Israel and the so-called injustices of Turkey is a losing game.  Israel needs to be examined in its own right and not in comparison to any other country.

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The list of rules for military censorship; caption: 'Censorship: the freedom to express oneself responsibly' (Ynet)

So let’s return to Paul Auster’s claims about Israel.  He hasn’t even scratched the surface.  Israeli journalists and media are under the gravest of threats from the right-wing government and its thuggish non-governmental allies.  Uri Blau, one of Israel’s leading investigative reporters, who broke the story of IDF targeted assassinations in violation of Supreme Court rulings, faces six years in prison if the government decides to prosecute him.  His crime?  He published top secret documents leaked to him by whistleblower, Anat Kamm.  Jared Malsin, English language editor of the Palestinian independent news agency, Maan, was imprionsed by Israeli authorities for nearly a week, and then deported because they no longer wished to allow him to practice journalism in the West Bank.

Military censorship applies to wide swaths of Israeli journalism and can be invoked regarding stories great and small. Though Israelis have learned to read between the lines to discover when a story has been censored, they still don’t know what information they’ve been denied nor why.

The Israeli prime minister told the editor of the Jerusalem Post that the two greatest enemies Israel faces are the New York Times and Haaretz. That is, Israel’s leading liberal daily is a threat to the existence of the State of Israel. Does it remind you of Nixon’s enemies list? It should. Does that begin to scare you, Mr. Auster? It should.

Israeli journalists from around the country called an emergency meeting two months ago to rally against threats to press freedom. The organizer of this event, Uri Misgav, reporting for Yediot Achronot, recently lost his job. Another reporter who wrote for Maariv, Ruth Sinai, lost her job as well. Her editor, a former associate of Bibi Netanyahu’s told her:

“Post-Zionist journalists will not write for his paper”.

This is Israel’s second-largest circulation paper. Does that scare you? It should.

The director of the Prime Minister’s office, who is himself under investigation for sex harassment, blackmailed TV Channel 10 by demanding that it fire investigative journalist Raviv Drucker in return for the government not taking the station off the air.  Drucker had just aired a damaging story about Bibi Netanyahu’s flaunting of ethics rules while he was an MK.

The Israeli Knesset is considering a new law which would drastically reduce the level of proof needed to convict someone of libel.  It would massively increase awards against those found guilty of defamation.  Complainants wouldn’t even need to establish proof of any economic damage in order to be compensated.  Publishers could also be held liable for defamation for comments published in the Talkback section.

Journalists who report from Israel for Arab language outlets like Al Jazeera face routine embarrassment and harassment at the hands of Israeli security officials.  This has included the stripping of female journalists by security agents before meetings with the prime minister.

Israel’s press is dominated by a single newspaper, Yisrael HaYom, funded by a billionaire for the express purpose of bringing Bibi to power and keeping him there.  Does this sound like a country that enjoys a free press?

I urge Mr. Auster and anyone concered about freedom of the press in Israel to visit the site of Keshev, Israel’s leading NGO in this field. Israel’s leading website providing media criticism and advocacy is Seventh Eye. Though it is only in Hebrew, it is highly recommended.

Regarding free speech, the threats are enormous.  Peace activists are routinely dragged before the Shin Bet for interrogation for the crime of speaking their mind.  The women of New Profile were threatened with prison for advocating draft resistance in opposition to the Occupation.  Ilana Hammerman has similarly been questioned three times and threatened with prosecution for the crime of bringing Palestinian mothers and children into Israel to breathe fresh air at the beach and go to the zoo.  Solidarity activists at Sheikh Jarrah are routinely arrested and assaulted by Israeli police for opposing eviction of Palestinians from their homes.  Peace Now staff have faced bomb and death threats from settler extremists and the Israeli police don’t even prosecute when they know the identities of the perpetrators.

The Israeli justice system allows extensive use of gag orders to protect the interests of the state, the military, and the wealthy.  Gag orders are routinely granted without having to prove any specific jeopardy to the protected party.  Rape victims often may not discuss the crimes committed against them if they’re accusing a powerful man of harming them and he has a good attorney who can secure a gag order (cf. Yoav Even).

Though I know of few threats to writers of the sort that Auster complains about in Turkey, Israeli performers who don’t toe the political line pay the price as major roles dry up on stage and screen.  Haaretz, this week, featured a profile of Mohammed Bakri, perhaps Israel’s most famous Palestinian actor.  After directing the documentary, Jenin Jenin, he was blackballed from many work opportunities in Israel.  The Israeli Film Board banned the film until the Supreme Court lifted it.  He has not acted on an Israeli stage since 2003, a year after the film came out:

The last time Bakri…was seen on an Israeli stage was in 2003, in Shlomi Moskovitz’s “Seven Days,” directed by Dedi Baron at the Habima Theater…More recently Bakri was supposed to have replaced an Arab actor in one play and another theater director did not employ him, fearing reactions like those of Im Tirtzu. That is, Bakri’s prospects for employment in Israel have already been affected without Im Tirtzu’s campaign against him.

A decade ago or so, Chava Alberstein recorded a powerful anti-Occupation work which adapted the traditional Pesach song, Chad Gadya.  Many radio stations boycotted the song, the singer received death threats and she didn’t perform in Israel for many years.  The only places she could perform were abroad, where the controversy was less well-known.

So is Israel is haven for free speech and free press?  Hardly.  In fact, Paul Auster owes it to himself and his readers to study this issue in much greater depth.  He could speak out about these matters the next time he’s in Israel.  In fact, after what he’s said in the midst of this controversy, he has a responsibility to do so.  I’ve suggested to progressive bloggers in New York that they seek a dialogue with Auster and perhaps a public event sponsored by Jewish Voice for Peace or PEN to address the freedom deficit facing Israel.  I think it would be bracing and informative.  What better person to invite to speak on a panel with Auster than Jared Malsin, who spent a week in an Israeli jail cell for the crime of being a good reporter?

Whistleblower Anat Kamm Gets Five-Year Sentence

Sunday, October 30th, 2011
anat kamm

Anat Kamm, a lonely figure in the face of the massive power of the Israeli military-intelligence establishment (Motti Milrod)

In the closing act of a travesty foisted upon Israel by its military-intelligence apparatus and tacitly supported by a quiescent media, Anat Kamm was sentenced to four and a half years in prison for passing secret IDF documents to Haaretz journalist, Uri Blau.  Now, Kamm becomes the Israeli version of Bradley Manning and Shamai Leibowitz, both of whom (Manning is imprisoned but not yet tried or convicted) were sentenced to jail sentences for obeying their conscience and revealing secrets that implicated their governments (or Israel in Leibowitz’s case) in acts that violated the law and drew the nation closer to war.

Long ago, an Israeli journalist pointed out that IDF generals and cabinet ministers all leak top-secret information to journalists.  It’s called doing their job.  They’re not imprisoned.  Often they’re promoted as a result.  As long as you leak in service to your commander and prime minister, no matter what the garbage you leak, you are in like Flynn.  But obey your conscience and cross the political/military elite, and you’ll be destroyed.

A journalist once pointed out that an IDF soldier of similar rank to Kamm once leaked secret documents to a reporter and received a sentence of a few days confinement to base from her commander.

The Israeli far right has demonized Anat Kamm.  They’ve vandalized her home where she served two years under house arrest.  They’ve painted graffiti on it calling her “traitor.”

After eight months of negotiations and a prosecution offer of a nine year sentence, which Kamm rejected, the judge imposed this harsh penalty.  Israeli media reports say that her attorneys plan to appeal it to the Supreme Court.  Perhaps a judicial body that lacks any guts in most national security matters will see its way clear to undoing at least part of this injustice by substantially reducing her sentence.  At the very least, the two years under house arrest should be included as time-served in computing the prison time she should serve.

This is sad day, a day of disgrace for Israel.  A day in which military malfeasance was endorsed (Kamm’s materials revealed that IDF general Yair Naveh ordered unarmed Palestinian militants to be assassinated in contravention of Supreme Court rulings–rulings the Court of course has refused to enforce in this case out of deference to the IDF supreme role in society).  A day in which a woman who should be a national heroine was made to grovel in the dirt.

Netanyahu Family’s Racist History: Like Father, Like Son

Tuesday, July 12th, 2011
yair netanyahu facebook profile

Yair Netanyahu's Facebook profile caption: '...The Palestinians, may they be cursed'

Jewish tradition declares that children shall not be punished for the sins of their fathers.  But it didn’t anticipate a son like the 19 year-old Yair Netanyahu, who appears to retain some of the harsh Arab-hatred that characterizes both his father, Benyamin, and 98 year-old grandfather, Ben Zion.  I have written here of the latter’s call for hanging Arabs in the nearest town square to teach them who’s boss, a punishment he contends that was quite effective in the Ottoman era.  Apparently, he doesn’t realize that the despotic Muslim Ottomans may not be the political model he wishes Israel to emulate.  In 1989, Benyamin, his father advocated expelling Israeli Palestinian citizens from the State in a comment I’d personally never heard until I read it and published it here.

The apple doesn’t fall far from the tree, as they say.  Here are a few of the choice racist comments (and a shorter English article) this excellent expose by Uri Blau attributes to Yair Netanyahu via his Facebook page.  A few years ago at a time when Ehud Olmert was prime minister, riots broke out in the formerly Arab town of Akko (Acre), when an Israeli Palestinian mistakenly drove into an Orthodox community on Yom Kippur (a day when driving is forbidden).  The result was this Facebook page created by the younger Netanyahu which stated:

As a Result of the Akko Pogroms, I Too Boycott Arab Businesses!

Those Arab sons of whores desecrated the holiest day of our year.  This wasn’t in Syria or in Egypt.  It was right here in the State of Israel–the Jewish nation’s only state.  Because the leftist authorities won’t do anything regarding this matter and because the media will only trot out [before the cameras] the “poor Arabs,” it is up to us to do the minimum to restore our self-respect by boycotting all Arab businesses and products.  Besides, I boycotted these shits even before!

Despite Netanyahu’s appeal for members to join the group, only 23 did, which seems a pretty lame performance for a soldier who serves now in the IDF international press liaison office (can’t you just hear Avital Leibovich, one of the army’s top PR flacks saying to a scrum of journalists, “anyone care for an interview with the prime minister’s son??”).  It may be a mark of the degradation of the IDF’s core service values that Yair’s uncle, Yonatan, died a hero as a member of the elite unit that assaulted the Entebbe Airport in 1976, while his nephew serves as a military PR flack in 2011.  How the mighty have fallen!

Returning to his Facebook account, just after the murder of the Fogel family by Palestinian militants, Netanyahu wrote this under the assumed name, Jesse Netan.  My editorial comments are in italics, I couldn’t help myself!:

We Jews and Christians celebrate life and love, you Muslims celebrate hatred and death!  I attended the funeral and saw the five bodies including the littlest of the babies [ed., this isn't truthful as one does not see bodies at a Jewish funeral, only caskets].  When we Israelis accidentally harm a Palestinian boy in Gaza the entire nation mourns for the child of the enemy [ed., what country is he living in??] half the army goes to prison and we pay a lot of money to the family [ed., what planet is he living on??].   We have enough power to destroy Gaza in five minutes, but we operate there with utmost care against terrorists who intend to harm our citizens and to turn their own citizens into human shields.

Further, after the murder of this innocent family, they danced and celebrated in the streets, precisely like after 9/11!

Terror has a religion and it is Islam.  Not every Muslim is a terrorist but every terrorist is a Muslim.  Have you ever heard of anyone killing themselves with a bomb in the name of Jesus or Moses [ed., I suppose he forgot Masada and Trumpeldor]?  NO!  People blow themselves up only in the name of Allah!

There is no such thing as a Palestinian state.  It is part of Israel.  There never in history has been a Palestinian state.  There is no such state and I hope there never will be.  Palestinians are Arabs who settled in our country, but who emigrated from other Arab countries less than 100 years ago.

A mere two hours after Blau first turned to the IDF press office for a comment on the Facebook profile it was closed to public view.   The army explained that Yair had been told what the expectations of him were and that he could not talk politics on his Facebook account.  Of course, the IDF had no problem in general with the specific rage-filled/rejectionist racist views he expressed, only with the fact that they were “political.”

The family’s attorney strangely attempted to argue that Haaretz played a dirty trick on the young man by wrenching his comments “out of context.”  Can he possibly explain in what context such comments might be acceptable??  He goes on to argue that some of the comments were made when the boy was a mere lad of 16 and a private individual (as if this makes them less offensive).  He calls this a “cynical use of a young boy’s words.”  And yes, of course the lawyer plays the Holocaust card, claiming that Yair was so overwrought because he was reacting to the anti-Semitic outburst of John Galliano, as the grandson of a man who lost his entire family in the Holocaust.

The family lawyer’s final words reek of hypocrisy and mendacity:

Yair is prepared to respect anyone who is ready to live in peace with Israel, whatever his identity.  His parents, the prime minister and his wife believe in moderation and tolerance [!] and they respect every individual without respect to their religion [!], ethnicity or national affiliation and so they raised their son.

No mention of course of Bibi’s call for expulsion of Israel’s Palestinian citizens and how that squares with his life lived in moderation and tolerance.

Uri Blau: Revenge of the State

Sunday, March 27th, 2011
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Uri Blau focuses lens on the deterioration of Israeli democracy

Yet another nail in the coffin of Israeli democracy will be hammered by the nation’s attorney general, who announced that the State will prosecute one of Israel’s most distinguished investigative journalists, Uri Blau, for his reporting in Haaretz about the top-secret IDF documents leaked to him by Anat Kamm.  Never, as far as I know, has a journalist been charged with a crime for publishing such leaked documents.  There will be Israeli advocates who will attempt to use arguments of strict legalism saying Blau violated a law and therefore must be prosecuted, etc., etc.  But by the attorney general’s own admission this case is one of revenge against a reporter who’s gored the ox of the intelligence apparatus one too many times with his sharp, incisive and damaging reporting of stories of outrages perpetrated by the generals and intelligence agents.

In a startling admission apparently made with the approval of the attorney general, a senior government lawyer told a right-wing columnist why the government was pursuing Blau, but not Haaretz itself or it’s publisher, Amos Schocken:

“…I [Mati Golan] got a phone call from [deputy Attorney General] Raz Nezri. He said he was calling me because I’ve written before about the problematics of not having Haaretz and Shocken put on trial. Alongside the decision to try Blau, Nezri said, the Attorney General decided not to prosecute Haaretz. Why? Nezri confirmed “Haaretz acted inappropriately when it backed and sponsored Blau’s stay abroad”, but “we thought it was more correct to go for the precedent-setting move of prosecuting a journalist for retaining stolen documents, and not a move against Haaretz for obstruction of justice…

Uzi Benziman goes even farther in the online media criticism journal, 7th Eye:

The announcement [of Blau's prosecution] derives from [the State's] anger that he has insulted Shabak investigators because earlier in the case he agreed to return secret documents to the Shabak, but did not return all of them.  Shabak cannot stand lies.

Except its own.  It’s darkly ironic that Shabak take such umbrage at Blau’s impudence in lying to it when this agency lies both to detainees, lawyers and the public with equal impudence.  How does the Shabak or government make a serious claim regarding Blau’s ethical lapses when they violate such norms regularly?

I’ve written about Yuval Diskin’s public comments that Blau “stuck his finger in his agency’s eye and twisted it” when he not only published a top-secret IDF document, but a photograph of the document itself.  This effrontery the agency could not stomach.  Though he continued by claiming there was no motive of vengeance or settling scores, as Benziman notes, this is precisely what the attorney general’s prosecution reveals.

Can you imagine that there is an Israeli journalist who advocates that the publisher of a competitor be thrown in prison because he published a story based on top-secret IDF documents?  Israeli defense reporters do this virtually every day.  They are leaked top-secret documents and information that the generals WANT the public to know.  But when a reporter writes about such a document that IDF doesn’t want the public to know about, only then does it become a criminal offense.

Make no mistake, this is the criminalization of investigative reporting.  This is the State saying you may report what we wish you to report and nothing more.  It’s not quite there yet.  But I note the absolute cowing of the Israeli media in the face of the Dirar Abusisi story, which I offered almost a score of Israeli and foreign journalists before it broke widely.  To this day, there are major aspects of the case not yet reported within Israel.  Why?  Because journalists are patriots?  That’s what Yossi Melman once argued to me.  But I don’t buy it.  And even if it’s true, this means journalists are subordinating their obligation to their profession to their obligation to the State.  An unwelcome state of affairs in any so-called democracy.

Not to mention that very few Israeli journalists have come to Blau’s defense.  You’d think there would be thundering editorials in all but the most right-wing publications.  There are none.  You’d think columnists would rally to Blau’s defense.  With only rare exceptions, they haven’t.  Partly, this stems from jealousy at the audacity of Blau’s stories; partly it stems from a desire for self-preservation.  Only the protruding nail gets clobbered by the hammer.  Those journalists who keep their heads down and don’t threaten the established order or consensus will continue to have access to their cherished intelligence sources who dole out leaks to them at their pleasure.

One might easily argue that this is a case of legal double jeopardy since Blau has already signed a plea deal through which he returned all top-secret documents in his possession (not just those offered him by Kamm) in exchange for being allowed to come back to Israel and not be charged.  Now the State has changed its mind and thrown the plea deal out the window and decided to go full steam ahead with a prosecution that makes a mockery of due process and fair dealing, not to mention commits a grievous violation of press freedom.  It does so based, according to Dimi Reider, on the unsupported claim that Blau hasn’t returned ALL the documents in his possession.

Let us be clear, Uri Blau is no ordinary reporter and turning him into a convicted felon is no ordinary undertaking.  Blau has unearthed some of the most damaging stories involving generals, politicians and their feudal dynasties that were published in Israel in the past decade.  This would be the equivalent of the Justice Department trying Seymour Hersh for his reporting.  Many have likened him to Julian Assange in terms of his breathtaking access to whistleblowers inside the belly of the beast.  From the authorities point of view, if they can knock off Blau they will have struck a major blow for defanging the Israeli media.  While there are other good reporters in Israel, ones who are courageous and principled, Blau has been in a class by himself.  His downfall would be a tragedy of major proportions for Israeli democracy and the public’s right to know.

Benziman notes the critical importance of leaks to all democracies:

Israeli media serve their social purpose successfully only when journalists are able to obtain and publish leaks.  And such leaks sometimes take the form of secret documents.

This prosecution reveals once again the inadequacy of the Israeli political system in the absence of a constitution or Bill of Rights, which clearly define the obligations and rights of citizens under the law.

IDF Deputy Chief of Staff Prefers Faith to Planes, Tanks

Monday, February 21st, 2011

Deputy IDF chief of staff Yair Naveh, who ordered the targeted killings of Palestinians, a story which Anat Kamm leaked to Uri Blau, said at an army ceremony:

The events currently shaking the Arab world “were ordained from above” by a guiding hand, Israel Defense Forces Deputy Chief of Staff Yair Naveh said on Sunday. Naveh added that the Israeli army needed faith in God now more than its supply of planes and tanks.

…Naveh said [referring to protesters in Egypt, Tunisia and Libya] supposedly democratic forces in the Middle East have always been supplanted by negative extremist and religious forces. Addressing the chief rabbis, Naveh called the IDF a Jewish army, an army of believers and an army that from the beginning always “knew how to create the right balance among communities represented in it, all the religions represented in it, but always leading with the power of faith and adherence to mitzvot [religious commandments].”

He said in recent years, the army had become more welcoming to religious soldiers.

I recently had a discussion with a reader who is a retired officer in the IDF who claimed it remained a secular army.  I disagreed based on what I’d read in many sources and heard from IDF veterans.  I think this passage above proves the reader wrong.

Can there be any doubt that nonsense like this is an indication of but one of the severe problems facing the IDF?  Even if we presume Naveh was kissing the tush of the army chief rabbi when he made this statement, what does it say about the number two officer in the army that he would even utter such stupidity?

And if he really believes even half of what he said why should the IDF even need tanks or planes to defend Israel?  Why not just send soldiers dressed in tallit and tefillin?  That should suffice to protect them given that God clearly is on their side and not the side of the Muslim heathen.

Also remember this is the self-same Naveh who sided with Haredim who pressured the municipality to set aside gender segregated light rail cars for men and women saying that doing so is a human rights issue on behalf of the ultra-Orthodox.

I think Naveh is the Jewish equivalent of Jesus’ General.

Israel’s Supreme Court Confirms IDF General’s Impunity

Thursday, February 3rd, 2011
edna arbel

Judge Edna Arbel: rewarding IDF impunity

When Ehud Barak designated IDF general Yair Naveh to be deputy chief of staff, Yesh Gvul filed a complaint seeking an injunction barring Naveh from taking the position because of his approval of targeted assassinations of unarmed Palestinian militants.  It claimed, based on reports by Uri Blau and documents leaked by Anat Kamm, that these murders violated a Supreme Court ruling.  In addition, Naveh flagrantly dissed the Supreme Court itself in remarks he made to Uri Blau.

So for those of you who admire the Supreme Court as the highest expression of Israeli democracy, may want to reconsider when you discover that the Supreme Court, in a ruling written by Judge Edna Arbel, rewarded Naveh for his insolence by dismissing the Yesh Gvul petition, though it did have some mild criticism for Naveh’s effrontery.  This means that the one time when the Supreme Court had an opportunity to weigh in on the question of what these killings did violate explicit Court rulings barring such acts, it chose to ignore the opportunity and punt.  A true mark of judicial courage and the flourishing of Israeli democracy.

The lone Israeli Palestinian judge levelled criticism on Naveh about his crudities:

We must focus on the fact that this individual who filled a high-level position in our society assumes for himself the freedom to express himself in a fashion which alludes to his disparaging views of the judicial system and the principle of the rule of law.  He should remember that his nomination to a public role, let alone a very high level role, conveys on his not just rights, but obligations which continue even after his role is completed.  One of those obligations is to serve as an example to society and to soldiers serving under his command in honoring the rule of law in general and the decisions of the court in particular.

The statements of the respondent are problematic not only because they encourage defiance of the rulings of the court and lack of faith by society in the judicial system and the principle of the rule of law which obligates every citizen.

To which I reply, that’s all very nice and perhaps this lone judge knew he had no support among the others for overturning the appointment, but this is little more than a slap on the wrist.  The decision overall rewards impunity and the words above are worth little unless the judges were willing to back them up with action.  And they weren’t.

The truth is that only on very rare instances is the Court prepared to do the job that such courts do in other true democracies.  Concerning security matters. the Israeli version almost never questions the national consensus and the State’s position.  The truth is that the Court gets good press it hardly deserves and gets little of the criticism it does deserve.  That’s because apologists like Tom Friedman are busy proselytizing for Israeli democracy while ignoring its flagrant flaws.

It is clear to almost any reasonable observer that the Naveh killings violated a Supreme Court ruling prohibiting assassinations when the victim was unarmed & could be apprehended without murder; or when civilians would be in the line of fire.  Both conditions were violated in this case.  The Court had the evidence clearly in front of it and could have ruled so that similar future IDF procedures would ensure consistency with judicial decisions.  Instead, it chose to defer to the military because, in Israeli society, the military always knows better.  All that this decision has taught IDF generals is that they should keep their mouth shut when they intend to flagrantly violate court decisions.

In other situations the Court behaves no differently.  Years ago it ordered the Apartheid Wall to be moved in certain portions.  Yet the IDF has so far stalled without paying a price for its obduracy.

On a related note, now that Yoav Galant‘s appointment has been vacated by Barak and Bibi, the government is put in the weird and dysfunctional position of not having any fully vetted or kosher candidate.  Knesset members are up in arms and Bibi/Barak’s plan to appoint Naveh as interim chief of staff has run into opposition.  You can’t appoint a chief of staff without vetting the name with the Turkel Commission.  And Naveh’s name hasn’t been vetted.  So the government’s plan to appoint Naveh bypassing Turkel has drawn fire.  Now there are calls to extend the current chief of staff’s term as a stopgap measure.  But Barak hates Ashkenazi with a passion and wants him gone.  It’s a big mess and a perfect reflection of the dysfunction of the current government.

Galant is Out, Naveh is in as Interim IDF Chief of Staff

Tuesday, February 1st, 2011
yair naveh

Yair Naveh, interim IDF chief of staff: 'Stop bothering me with the Supreme Court!'

Galant is out.  Naveh is in, at least temporarily.

It appears my fears of yesterday are being realized regarding the replacement for Yoav Galant as IDF chief of staff.  Any sentient person realizes that whoever takes that post will have blood on his hands.  And indeed, the new interim candidate is Yair Naveh, an officer with a past equally tainted as Galant’s was.  It was Naveh who ordered the assassination of unarmed Palestinian militants, a potential war crime which motivated Anat Kamm to leak documents from his office when she worked there.  It was Naveh who, when asked by Blau why he didn’t respect the rulings of the Supreme Court regarding targeted killings said:

“Stop bothering me with the rulings of the Supreme Court.  I don’t know when they apply and when they don’t.  I do know that targeted killings work and prevent terror attacks.  I take my orders from the operations command [and not human rights activists].”

When asked by Blau: “Why do you approve beforehand an attack on an unidentified target [an innocent bystander],’ Naveh answered: ‘These are questions you shouldn’t direct to me.  These matters are approved at the level of the prime minister and what is done is done.

This is what will now command Israel’s national army brought up with its mother’s milk to believe in the concept of the “purity of arms.”  A laughingstock is what it is I’m sorry to say.  Naveh implicitly accepts Blau’s terms by acknowledging that he’s contravened the rulings of the Court by saying that his commanders and prime minister are his ultimate authority and not some puny court.  Is this the rule of law?  Or the law of the jungle?

It’s a bitter irony that in responding to a Supreme Court appeal against his nomination, again by Yesh Gvul, to be deputy chief of staff, Naveh had this to say (now) about the Supreme Court:

As a citizen and soldier of the State of Israel I feel respect for the High Court, its judges, and decisions.  As an IDF commanders, the rulings of the Court are ones that I do not dispute.  This is how I conducted myself when I was senior officer of the Central Command, and how I conduct myself now.

Look.  What do we expect.  Israel’s army and politics, again I’m sorry to say, is a place in which liars, fools, sex fiends, charlatans and thieves rule.  That’s why Galant was tripped up.  It’s why Yair Naveh can lie through his teeth with a straight face when it suits him.

The Walla report on this story notes that Naveh did not dispute that he uttered these words to Blau, but rather that the reporter ‘misinterpreted’ them, the language of scoundrels everywhere caught out in a lie they seek to take back.  He finesses the matter now by saying that he relied on the orders he was given by his superiors presuming that they followed the rulings of the Court.  I don’t know about you but I think I’m going to be sick.

I’d almost rather have Moshe Feiglin be chief of staff.  At least you know he wouldn’t waste his breath with nonsense like this.  He would tell the Court to shove it and dare the Court to take action against him.  Then we could have a real test of democracy and see who would win.  But with liars and scoundrels like Naveh, democracy and the rule of law don’t stand a chance.  The Court laps up what Naveh put before it today and will gladly approve his nomination because it wants to trust him.  It doesn’t have the guts to doubt him.  That’s the tragedy of Israeli democracy.  No one is minding the shop.

And as if we don’t have enough to be disturbed about regarding Naveh, it was he who, as CEO of the Jerusalem light rail project, determined that cars be segregated by gender so as not to offend the sensibilities of the Haredi community.  When women’s groups were up in arms, he responded by saying he was honoring the civil rights of the Orthodox community!  Clearly, this is a guy with a Teflon mouth capable of talking his way out of almost any embarrassing situation.

Israeli Rights Activists File Complaint Against IDF Deputy Chief, Accusing Him of ‘Crimes’ and ‘Immorality’

Tuesday, November 30th, 2010
gen yair navel

Gen. Yair Naveh's promotion called 'immoral' by Israeli rights activists (Yonatan Shaul)

Alongside the newly named IDF chief of staff, Yoav Galant, his new deputy chief will be Gen. Yair Naveh.  Naveh has the distinction of being responsible for the Palestinian targeted killings which Anat Kamm leaked to Haaretz journalist, Uri Blau.  These West Bank murders completely contravened Supreme Court rulings which directed that such assassinations be avoided if there were civilians present and likely to be harmed; or if there were non-violent means available to apprehend the suspects.

Maariv quotes Naveh’s reply to this claim:

“Stop bothering me with the rulings of the Supreme Court.  I don’t know when they apply and when they don’t.  I do know that targeted killings work and prevent terror attacks.  I take my orders from the operations command [and not human rights activists].”

When asked by Blau: “Why do you approve beforehand an attack on an unidentified target [an innocent bystander],’ Naveh answered: ‘These are questions you shouldn’t direct to me.  These matters are approved at the level of the prime minister and what is done is done.  Generally, this bunch [Palestinian militants] pals around with a nasty bunch, not with nice people.”

That’s the level of strategic doctrine and tactical sophistication in the IDF high command.  If you spend time with a Palestinian militant you’re as good as dead.  It doesn’t matter if you’re his mother, wife, daughter or grandmother.  You’re as good as being a killer yourself.  This is precisely the reason that human rights activists are so eager to bring killers like Naveh to justice.  He’s pulling a Dick Cheney thumbing his nose at the notion of accountability, basically daring the world to throw Ehud Olmert into the Hague docket with him.

You will find that once an IDF general is detained abroad and brought to justice that Israel will all of a sudden discover its own conscience just as it has in the aftermath of the storm of bad PR that beset it thanks to the Goldstone Report.  Israel currently whitewashes such crimes committed on its behalf by its generals.  The only way to affirm the concept of accountability is for an international body to ring Israel’s bell and give it a moral wake up call.

Among the other peculiarities of Naveh’s previous IDF service were the lax security procedures within Naveh’s office which allowed Kamm to obtain 2,000 secret documents, which she offered to Blau because she believed that doing so would prove that war crimes had been committed by his command.

Naveh has the additional distinction of being CEO of the Jerusalem light rail project, for which he urged gender-segregated seating in order to a mollify ultra-Orthodox Jews who might otherwise shun this form of public transportation.  Instead of understanding the violation of human rights and dignity that such a prohibition would inflict on women, Naveh couched his position in terms of going the extra mile to accommodate Israel’s extreme Judaist (cf. “Islamist”) tendencies.

For this veritable festival of follies, Naveh was singled out for promotion to the second highest military position in the land.  Against this backdrop, Israeli notables like Shulamit Aloni, Uri Avnery, Alice Shalvi, Nurit Peled, and Natan Zach, and the human rights NGO, Yesh Gvul, have applied to the Supreme Court for an injunction preventing Naveh to take his position on the Palestinian killing fields, claiming his is an “immoral appointment” afflicted with profound taint.

Zach, one of Israel’s most distinguished poets, is so fed up with conditions in contemporary Israel, he stated publicly that he was ready to join a Gaza flotilla because of the brutality which has penetrated into the nation’s soul:

Not a day goes by when people are not murdered here.  The violence on the roads and in schools seeps into our lives due to the Conquest (“Occupation”).

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